Gallo Cattle Company v. Saputo Dairy Foods USA, LLC

Filing 21

STIPULATION and ORDER GRANTING the parties' request for an extension of the following deadlines and hearings: Mid-Discovery Status Conference set for 8/8/2017 at 10:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean; Non-Exp ert Discovery due by 8/16/2017; Designation of Expert Witnesses due by 9/6/2017; Rebuttal Designation of Expert Witnesses due by 10/6/2017; Expert Discovery due by 10/31/2017; with all other dates to remain the same. Order signed by Magistrate Judge Erica P. Grosjean on 6/9/2017. (Rooney, M)

1 McCormick, Barstow, Sheppard,
Wayte & Carruth LLP
2 Marshall C. Whitney, CA # 82952
[e-mail]
3 Ben Nicholson, CA # 239893
[e-mail]
4 Shane G. Smith, CA # 272630
[e-mail]
5 7647 North Fresno Street
Fresno, California 93720
6 Telephone:
[phone]
Facsimile:
[phone]
7
Attorneys for Plaintiff and Counter-Defendant,
8 GALLO CATTLE COMPANY d/b/a JOSEPH
GALLO FARMS, a California limited partnership
9
LEWIS & LLEWELLYN LLP
10 Paul T. Llewellyn, CA # 216887
Marc R. Lewis, CA # 233306
11 Evangeline A.Z. Burbidge, CA # 266966
505 Montgomery Street, Suite 1300
12 San Francisco, California 94111
Telephone: [phone]
13 Facsimile: [phone]
Email: [e-mail]
14
[e-mail]
[e-mail]
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Attorneys for Defendant and Counter-Plaintiff
16 SAPUTO DAIRY FOODS USA, LLC
17

UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

19 GALLO CATTLE COMPANY d/b/a JOSEPH
GALLO FARMS, a California limited
20 partnership,
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Plaintiff,
v.

23 SAPUTO DAIRY FOODS USA, LLC, a
Delaware limited liability company,
24
Defendant.
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Case No. 1:16-cv-01673-LJO-EPG
STIPULATION AND [PROPOSED]
ORDER TO AMEND THE
SCHEDULING ORDER
HON. ERICA P. GROSJEAN
U.S. MAGISTRATE JUDGE
Action Filed:
Trial Date:

October 3, 2016
June 5, 2018

26 AND RELATED COUNTER-CLAIMS.
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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

JOINT STIPULATION & PROPOSED ORDER TO AMEND SCHEDULING ORDER

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Plaintiff and Counter-Defendant, GALLO CATTLE COMPANY d/b/a JOSEPH GALLO

2 FARMS (“Gallo”) and Defendant and Counter-Plaintiff SAPUTO DAIRY FOODS USA, LLC
3 (“Saputo”) respectfully submit this stipulated request that the Court grant a limited extension of
4 the non-expert discovery period set forth in the Scheduling Conference Order (see ECF 15). In
5 support of this stipulation, the parties state as follows:
6

1.

The Court set a pretrial schedule in this case on January 24, 2017 (ECF 15), and

7 discovery opened on February 10, 2017 with the parties’ exchange of Fed. R. Civ. P. 26(a) Initial
8 Disclosures. Thereafter the parties have mutually responded to written discovery and produced
9 documents in response to requests for production. No depositions have yet taken place nor are any
10 scheduled at present.
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2.

Throughout the fact discovery period, the parties have informally discussed

12 settlement in good faith without achieving a resolution on their own. The parties believe that the
13 assistance of a mediator will be helpful, and have scheduled a mediation session before Hon.
14 James A. Ardaiz (Ret.) in Fresno, California on June 30, 2017. Representatives from both parties
15 with full settlement authority will be present at the mediation.
16

3.

The parties are cautiously optimistic that a settlement of this action can be reached

17 in connection with the June 30 mediation.
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4.

The parties respectfully request that the Court grant a 30-day extension of the fact

19 discovery window in order to give the parties a chance to mediate this case prior to incurring the
20 costs and burdens associated with fact depositions and expert discovery.
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5.

Pursuant to L.R. 144(b), the parties state that they have not previously requested an

22 extension of time from the Court.
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6.

The proposed extension will not impact any deadlines before the Court.

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7.

Therefore, the parties respectfully request that the Scheduling Conference Order

25 entered on January 24, 2017 be amended as follows:
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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

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JOINT STIPULATION & PROPOSED ORDER TO AMEND SCHEDULING ORDER

1

Event

Current Scheduling Order
Date

3

Mid-Discovery Conference

6/19/2017

4

Non-Expert Discovery Cutoff

July 17, 2017

August 16, 2017

5

Expert Disclosure

August 17, 2017

September 6, 2017

6

Rebuttal Expert Disclosure

September 18, 2017

October 6, 2017

7

Expert Discovery Cutoff

October 17, 2017

October 31, 2017

8

Dispositive Motion Deadline

November 21, 2017

November 21, 2017

9

Pretrial Conference

April 5, 2018

April 5, 2018

11:00 a.m., Dept. 10

11:00 a.m., Dept. 10

June 5, 2018

June 5, 2018

8:30 a.m., Dept. 10

8:30 a.m., Dept. 10

2

10
11

Jury Trial

Proposed Scheduling Order
Date
8/8/2017
10:00 a.m, Dept. 10

12
13 RESPECTFULLY SUBMITTED,
14 Dated: June 9, 2017

McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP

15
16

/s/ Shane G. Smith
Marshall C. Whitney
Ben Nicholson
Shane G. Smith
Attorneys for Plaintiff and Counter-Defendant,
GALLO CATTLE COMPANY d/b/a JOSEPH
GALLO FARMS

By:

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21 Dated: June 9, 2017

LEWIS & LLEWELLYN LLP

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/s/ Evangeline A.Z. Burbidge
Paul T. Llewellyn
Marc R. Lewis
Evangeline A.Z. Burbidge
Attorneys for Defendant and Counter-Plaintiff
SAPUTO DAIRY FOODS USA, LLC

By:

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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

3
JOINT STIPULATION & PROPOSED ORDER TO AMEND SCHEDULING ORDER

1

-oOo-

2

SIGNATURE ATTESTATION

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I hereby attest that concurrence has been obtained from Evangeline A.Z. Burbidge, counsel

4 for Saputo Dairy Foods USA, LLC, as indicated by a “conformed” signature (/s/) within this e5 filed document.
/s/ Shane G. Smith
Shane G. Smith

6
7

-oOo-

8

ORDER

9

UPON CONSIDERATION of the Parties’ Stipulation to Amend the Scheduling Order, and

10 for good cause appearing, IT IS SO ORDERED that the Scheduling Conference Order governing
11 the pretrial phase of the above-captioned litigation is amended as set forth above.
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13
14 IT IS SO ORDERED.
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Dated:

June 9, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

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JOINT STIPULATION & PROPOSED ORDER TO AMEND SCHEDULING ORDER

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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

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JOINT STIPULATION & PROPOSED ORDER TO AMEND SCHEDULING ORDER